Judgment of the Court (Third Chamber) of 20 September 2007 – Nestlé v OHIM

(Case C‑193/06 P)

Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Figurative mark containing the word ‘QUICKY’ – Opposition of holder of earlier national word marks QUICKIES – Likelihood of confusion – Overall assessment

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 34-35, 46-47, 76)

Re:

Appeal brought against the judgment of the Court of First Instance (First Chamber) of 22 February 2006 in Case T 74/04 Nestlé v OHIM , intervener: Quick Restaurants SA., dismissing the action for annulment of the decision of the Second Board of Appeal of OHIM of 17 December 2003 (Case R 922/2001-2) concerning opposition proceedings in which the parties were Société des Produits Nestlé SA and Quick Restaurants SA.

Operative part

The Court:

 

Annuls the judgment of the Court of First Instance of the European Communities of 22 February 2006 in Case T 74/04 Nestlé v OHIM-Quick (QUICKY) to the extent that, contrary to Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, the Court did not assess the visual similarity of the signs at issue by relying on the overall impression given by them;

 

Dismisses the appeal as to the remainder;

 

Refers the case back to the Court of First Instance of the European Communities;

 

Reserves the costs.